HomeMy WebLinkAboutContracts & Agreements_49-96_CCv0001.pdf AGREEMENT TO FURNISH STREET SWEEPING SERVICES
IN THE CITY OF REDLANDS
THIS AGREEMENT is made and entered into this 4th day of June, 1996, by and
between the City of Redlands, a municipal corporation ("City"), and Interstate Sweeping, Inc.,
("Contractor"), which together are sometimes referred herein as the "Parties."
RECITALS
WHEREAS, Contractor has submitted to City a proposal to provide street sweeping
services upon the public streets located within the city limits of City; and
WHEREAS, the City Council of the City of Redlands has determined that it is in the
best interests of City to enter into an agreement for street sweeping services on the terms and
conditions hereafter set forth;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City
of Redlands and Interstate Sweeping, Inc. agree as follows:
ARTICLE I
TERM OF AGREEMENT• SCOPE OF SERVICES
1.1 Term of Agreement.
This Agreement shall be for a period of three year(s) commencing on July 1, 1996
and ending on June 30, 1999. The term may be extended by written agreement by the Parties
on a year-to-year basis unless terminated pursuant to Article VI of this Agreement.
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1.2 Contractor Duties and General Scone of Services.
Contractor shall perform professional street sweeping services in accordance with
the specifications and special provisions for street sweeping, described in Exhibit "A," which
is attached hereto and incorporated herein by this reference and with the Contractor's proposal,
fact sheet and backup materials, attached hereto as Exhibit "B" and incorporated herein by this
reference, (collectively, the "Services") upon the public streets located within the city limits of
City.
1.3 Contractor Familiarity with Scope of Services.
By executing this Agreement, Contractor warrants the following: (a) it has
thoroughly investigated and considered the Services to be performed; (b) it has investigated the
sites where the Services will be performed and fully acquainted himself with the conditions
there existing; (c) it has carefully considered how the Services should be performed; and (d)
it fully understands the facilities, difficulties and restrictions attending performance of the
Services under this Agreement. Should Contractor discover any latent or unknown conditions
materially different from those inherent in the Services or as represented by City, Contractor
shall immediately inform City of such fact and shall not proceed except at Contractor's risk until
written instructions are received from the City's Public Works Director.
ARTICLE 11
RESPONSIBILITIES OF CONTRACTOR
2.1 F4-uipment and Labor.
Contractor shall use and furnish at its own expense all labor, equipment and
materials necessary for the satisfactory performance of the Services. Contractor shall use
standard heavy street-sweeping equipment as necessary in order to clear City's public streets of
paper, dirt, sand, rocks, and other debris. This machinery and equipment used by Contractor
in the furtherance of this Agreement shall be clean and maintained in proper working condition
at all times.
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Concurrent with the execution of this Agreement, Contractor shall supply City with an
up-to-date list of the equipment to be used for the performance of the Services, including make,
model, year and any other pertinent information requested by City. Nothing provided herein
shall preclude Contractor from substituting other equivalent equipment due to maintenance or
other factors upon prior notice to City.
2.2 Licenses and Permits.
Contractor shall obtain, at its sole cost and expense, all licenses, permits and
approvals required by law for its performance of the Services.
2.3 Performance Security.
Concurrent with the execution of this Agreement, Contractor shall provide City
with a Performance Bond, Letter of Credit or other security satisfactory to City guaranteeing
Contractor's performance of the Services.
2.4 Schedule.
Contractor shall comply with the schedule for performance of the Services
attached hereto as Exhibit "C" and incorporated herein by this reference. Contractor may be
required to do early morning sweeping on certain major public City streets without additional
compensation under this Agreement. No sweeping in residential areas shall be started prior to
6:00 a.m. Any schedule changes shall be as approved in writing by City's Public Works
Director.
2.5 Spillage and Clean-up.
Contractor shall take care to prevent spillage on streets over which hauling is
done, and any such spillage or debris deposited on streets due to Contractor's operations shall
be immediately removed.
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2.6 Disposal of Refuse.
Contractor shall dispose of all refuse collected in its performance of the Services
and legally dispose of the same at Contractor's expense. Any transfer points for storage of
refuse must be obtained by Contractor and approved by City's Public Works Director. In no
case shall storage within the City be in excess of one (1) week.
2.7 Water Sources.
Contractor shall make arrangements with City's Municipal Utilities Director for
use of fire hydrants and meters and pay for any water used in its performance of the Services.
2.8 Maintenance and Parking of Street Sweeping Equipment.
Contractor may park equipment designated for use in its performance of the
Services in an assigned parking space located within City's Corporation Yard (located at 1270
West Park Avenue, Redlands, California). Periodic preventative maintenance is authorized on
weekends at the Corporation Yard; provided, however, no preventative maintenance other than
"quick-fix" (one hour or less repairs) is authorized at said location. Contractor's use of City-
owned maintenance facilities and equipment is prohibited. Contractor shall provide its own
cleanout/wash-down area for sweepers.
2.9 Additional Work.
In the event City desires to extend its sweeping program to include curbs and
gutters constructed after the effective date of this Agreement, additional services may be required
of Contractor at the amount of $10.10 per curb/edge mile.
2.14 R=rts,
Contractor shall prepare and submit on a quarterly basis during the term of this
Agreement, reports in duplicate concerning its performance of the Services to City's Public
Works Director.
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2.11 Standard of Care• Licenses.
Contractor shall perform the Services in a skillful and competent manner.
Contractor represents and warrants to City that it has all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services. Contractor
further represents and warrants that it shall keep in effect all such licenses, permits, and other
approvals during the term of this Agreement.
2.12 Project Representatives.
Contractor assigns Roy Bain as its representative who shall coordinate all aspects
of the Services. Such representative shall be available to City at all reasonable times.
Contractor may appoint another person as its representative upon written notice to City.
ARTICLE III
CONTRACTOR EMPLOYEES AND AGENTS
3.1 Control and Payment of Subordinates.
City retains Contractor on an independent basis, and Contractor is not an
employee of City. The personnel performing the Services on behalf of Contractor shall at all
times be under Contractor's exclusive direction and control. Contractor shall pay all wages,
salaries and other amounts due such personnel in connection with their performance of the
Services as required by law. Contractor shall be responsible for all reports and obligations
respecting such personnel, including, but not limited to: social security taxes, income tax
withholding, unemployment insurance and workers' compensation insurance.
3.2 EmplMees.
A. Employee Roster:
Contractor shall maintain and provide to City's Public Works Director a current
roster of all employees operating equipment under the terms of this Agreement within City. The
roster shall include the names and social security numbers of the employees.
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B. Employee Attire:
At all times during the term of this Agreement, Contractor shall require that all
drivers, employees and agents of Contractor actively engaged in the sweeping upon public streets
be fully clothed with a uniform acceptable to City's Public Works Director.
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ARTICLE IV
FEES AND PAYMENTS
4.1 CoMWnsation.
Contractor shall receive compensation for the Services rendered under this
Agreement at the rate of$10.10 per curb/edge mile.
4.2 Payment of Compensation.
Contractor shall provide to City a monthly statement within 10 working days
following the close of each month indicating work completed by the per curb/edge mileage for
which the Services were rendered. City shall, within 30 days of receiving such statement from
Contractor, review the statement and pay all approved charges thereon. City shall promptly
notify Contractor of unapproved charges on the statements.
4.3 Reimbursement of Expenses.
Contractor shall not be reimbursed for any expenses which were not previously
authorized in writing by City.
ARTICLE V
INDEMNIFICATION AND INSURANCE
5.1 Indemnification.
All officers, agents, employees and subcontractors, and their agents, who are
employed by Contractor to perform the Services shall be deemed officers, agents and employees
of Contractor. Contractor shall defend, indemnify and hold City, its elected officials, officers,
employees, and agents free and harmless from any liability from loss, damage, or injury to
property or persons, including wrongful death, in any manner arising out of or incident to any
acts, omissions or wilful misconduct of Contractor arising out of or in connection with
Contractor's performance under this Agreement, including without limitation the payment of
attorney's fees.
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5.2 Insurance.
Contractor shall obtain, and shall require its subcontractors, if applicable, to
obtain, insurance of the types and in the amounts described below and in a form satisfactory to
City.
5.2.1 Commercial General Liability Insurance.
Contractor shall maintain occurrence version commercial general liability
insurance or equivalent form with a combined single limit of not less than $1,000,000 per
occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this
Agreement or be no less than two times the occurrence limit.
5.2.2 Business Vehicle Liability Insurance.
Contractor shall maintain business vehicle liability insurance or equivalent form
with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall
include coverage for owned, hired and non-owned vehicle.
5.2.3 Workers' Compensation Insurance.
Contractor shall maintain workers' compensation insurance with statutory limits
and employers' liability insurance with limits of not less than $1,000,000 per accident.
5.3 Additional Insureds,
The insurance shall name City, its elected officials, officers, employees and agents
as additional insureds with respect to Contractor's performance of the Services. Such insured
status shall contain no special limitations on the scope of its protection to the above-listed
insureds. All insurance shall be primary with respect to any insurance or self insurance
programs covering City, its elected officials, officers, employees, and agents and shall contain
standard separation of insured provisions.
5.4 Certificates of Insurance.
Contractor shall, prior to commencement of the Services, furnish to City properly
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executed certificates of insurance, and, if requested by City, certified copies of endorsements
and policies, which shall clearly evidence all insurance required by this Section. Contractor
shall not allow such insurance to be canceled, expire or be materially reduced in coverage except
upon 30 days prior written notice to City.
5.5 Term of Coverage.
Contractor shall maintain all insurance required by this Agreement during the
entire term of this Agreement.
5.6 Licensed Contractor,
Contractor shall place all insurance with insurers having an A.M. Best Company
rating of no less than A:Vlll and licensed to do business in the State of California.
ARTICLE VI
TERMINATIO
6.1 Termination by City.
City, by written notice to Contractor, may terminate this Agreement at any time,
with or without cause, by giving written notice to Contractor of such termination, and specifying
the effective date thereof, at least thirty (30) days before the effective date of such termination.
Contractor shall discontinue all Services on the effective date of termination.
In the event of such termination by City, Contractor shall be paid for Services
performed through the date of termination, upon receipt of written documentation by City. No
amount shall be paid for anticipated profit on unperformed Services.
6.2 Lm—mediate jerminatign by City,
If Contractor, during the course of performing the services, takes action which
constitutes an immediate danger to the public health, safety and general welfare, City may
immediately terminate this Agreement by serving written notice upon Contractor. Contractor
shall immediately discontinue all Services upon receipt of such notice.
DIN1187111
event of such termination by City, Contractor shall be paid for Services
performed through the date of termination, upon receipt of written documentation by City. No
amount shall be paid for-anticipated profit on unperformed Services.
63 CMUa=I'5 I—ermingfiffl.
Conunactm may not terminate this Agreement except for cause.
6.4
if this Agreement is terminated as provided in Article VI, or t the time that
Contractor completes the work required under this Agreement, City may require Con tractor to
provide all records prepared or retained by Contractor in connection with the performance of
the Services.
AR—TI_CLE VII
GENERAL ER—Q)LISI
7.1 Cwt racto
Performance Review
Contractor performance may be reviewed by City monthly during the first three
(3) months of tffis Agreement and once quarterly thereafter. Contractor will be notified in
writing of the scheduled review time not less than 7 calendar days prior to the review date.
-7.2 Iota
g�_i n of 5MifiOtfio_n_s,
In the event that the work to be done or any manner relative thereto is
insufficiently detailed-or explained by the Specifications, Contractor shall apply to City's Public
Works Director for further explanation as may be necessary and " confom to such
explanation or interpretation as may be consistent with the intent of the original Specifications.
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7.3 Deficient and Unauthorized Work.
All work which is deficient in any of the requirements of the Provisions and
Specifications shall be remedied and redone by Contractor in an acceptable manner at its own
expense. No compensation will be allowed for any work beyond the specifications and
provisions established in Exhibit "A." Upon failure on the part of Contractor to comply
forthwith with any order of the Director of Public Works made under the provisions of this
Agreement, City's Public Works Director may cause the deficient work to be redone at the
expense of Contractor.
7.4 TemMrary Suspension of Work.
City shall have the authority to suspend the performance of the Services, wholly
or in part, for such period as City deems necessary, due to unsuitable weather conditions
considered unfavorable for the execution of the Services, or for such time as City may deem
necessary due to Contractor's failure to comply with any provision of this Agreement.
Contractor shall immediately comply with the written order of City to suspend the work wholly
or in part, and shall not resume the work until ordered to do so in writing by the City's Public
Works Director.
7.5 Entire Agreement.
This Agreement contains the entire Agreement of the Parties with respect to the
subject matter hereof, and supersedes all prior negotiations, understandings and verbal or written
agreements. This Agreement may only be modified by a writing signed by the Parties.
7.6 Successors and Assigns.
This Agreement shall be binding on the successors and assigns of the Parties, and
shall not be assigned by Contractor without the prior written consent of City.
7.7 Subcontracts.
Contractor shall not subcontract any portion of the work required by this
Agreement without prior written approval of City. All approved subcontracts, if any, shall be
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accomplished by a written instrument. Such instrument shall contain an express assumption by
the subcontractor of all conditions and terms and covenants contained in this Agreement.
7.8 F4ual Opportunity Employment.
Contractor represents that it is an equal opportunity employer and shall not
discriminate against an employee or applicant for employment with Contractor on the basis of
race, color, religion, national origin, ancestry, sex or age.
7.9 Conflict of Interest.
No officer or employee of City shall have any personal interest, direct or indirect,
in this Agreement in violation of any State or Federal law. Contractor warrants that it has not
and shall not pay or give any third party any money or other consideration for obtaining this
Agreement.
7.14 Angm
Sy's Fees.
If either party commences an action against the other party arising out of or in
connection with this Agreement, the prevailing party in such litigation shall be entitled to have
and recover from the losing party reasonable attorney's fees and any resulting costs.
7.11 Governing Law.
This Agreement shall be governed by and construed in accordance with the laws
of the State of California.
7.12 Deliyuy of Notiges.
All notices permitted or required under this Agreement shall be given to the
respective Parties at the following address, or at such other address as the respective Parties may
provide in writing for this purpose:
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City: Contractor:
City of Redlands Interstate Sweeping, Inc.
Public Works Dept. Roy Bain
35 Cajon, Suite 222 32220 Outer Highway 10
P.O. Box 3005 Redlands CA 92373
Redlands, CA 92373 PO Box 10669
San Bernardino CA 92423-0669
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit in the United States Mail, first class postage prepaid, return receipt
requested and addressed to the party at its applicable address.
IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date
first hereinabove written.
CITY OF REDLANDS
Swen Larson, Mayor
Attest:
-
W_) Clerk
CONTRACTOR
Title
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EXHIBIT "A"
CITY OF REDLANI)S
SPECIAL PROVISIONS
SPECIFICATIONS FOR STREET SWEEPL\TG
PURPOSE
Proposal shall be for sweeping of City streets as specified herein.
INSURANCE
The Contractor shall secure, maintain in full force and effect, and bear the cost of complete
Worker's Compensation Insurance, in accordance with the Labor Code for the duration of the
contract and shall furnish to the City, prior to the execution of the contract, a Certificate of
Insurance which meets the requirements of the Labor Code.
The Contractor shall maintain in force commercial general liability and business vehicle liability
insurance, ample in amount to cover all awards of judgments for any death, injury, loss or
damage arising out of the performance of the work by the Contractor. Commercial general
liability insurance shall be in the amount of not less than one million dollars ($1,000,000) for
injuries, including accidental death, to any one person, and subject to the same limit for each
person in an amount not less than one million dollars ($1,000,000) for one accident, and the
business vehicle liability insurance shall be in an amount not less than one million dollars
($1,000,000) per occurrence.
BILLINGS
Billings shall be submitted monthly, and shall be based in accordance with the Bid Schedule and
these specifications on actual Curb miles swept, which shall be verified by the City's Public
Works Director or authorized representative.
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STANDARDS OF PERFORMANCE
Street sweeping shall be performed in accordance with accepted standards for routine and
emergency municipal street cleaning. When necessary for proper cleaning, Contractor shall
make more than one pass on a street without extra charge. Such extra passes may include, but
shall not be limited to, cleaning of dirt, sand and debris from street centerlines and pavement
markings. Contractor shall immediately respond when notified by the City to re-sweep
unsatisfactory areas at no additional charge. When any given area becomes unsweepable due
to parked vehicles, which are only parked there during certain hours, the sweeping time shall
be changed; dependent upon approval by the City's Public Works Director or authorized
representative. This shall be done at no additional charge to the City.
As new sweep limits are added, they shall be placed on the appropriate sweep day by the City's
Public Works Director or authorized representative and coordinated with refuse pickup, as
needed. Contractor shall maintain the sweeping schedules as approved by the City and maintain
standby equipment to be used in case of breakdown or emergency. Sweeping in residential areas
shall not commence prior to 6:00 a.m. Sweeping in business areas shall be completed prior to
7:00 a.m. Sweepers shall not operate above maximum speed as specified by manufacturer for
optimum sweeping. Such specifications shall be furnished to the City for each sweeper utilized.
EQUIPMENT MAINTENANCE
The Contractor shall submit to the City's Public Works Director or authorized representative,
with award of the contract, a periodic equipment list that shall include the following for each
piece of equipment:
a. Repair schedule and list of prior maintenance performed.
b. Total number of miles or hours each vehicle has been in service.
C. Date equipment was acquired by Contractor.
d. Specification of whether equipment was new or used at date acquired.
Contractor shall keep accurate records of maintenance and repairs on equipment used on this
contract, which shall be available at all times to the City's Public Works Director or authorized
representative. City shall have the right to perform periodic inspections of the equipment. If
primary equipment is faulty, designated repairs or "back-LIP" equipment must be available with
minimal or no delay to the operation.
SP-2
Contractor shall be authorized to park equipment designated for use in the fulfillment of this
contract in an assigned parking space located within the City of Redlands Corporation Yard,
1270 W. Park Avenue, Redlands. Periodic preventative maintenance is authorized on weekends
at same location. No maintenance other than "quick fix" (one hour or less repairs) are
authorized at said facility. The use of City-owned maintenance facilities/equipment is
prohibited. The Contractor shall be required to provide its own clean out/wash down area for
sweepers.
SIGNS
The Contractor shall place signs approved by the City on any equipment utilized in the
performance of the contract, which signs shall be a minimum of three (3) inches high, and
visible from both sides of the vehicle and shall read "Under Contract to the City of Redlands."
Please contact (company name and phone number).
DISPOSAL OF SWEEPING
a. All debris and refuse material swept by the Contractor shall be and become his property
from and after the time of street sweeping.
b. Contractor shall dispose of all refuse collected by hauling the same to a legally-
established disposal area. If it becomes necessary to store said refuse at "transfer sites,"
these sites shall be cleared weekly. Obtaining such sites shall be the responsibility of the
Contractor. All such sites are subject to the approval of the Public Works Director or
authorized representative.
WATER
The Contractor shall make arrangements with the City's Municipal Utilities Department for use
of fire hydrants to obtain and pay for water• necessary for the operation.
SCOPE OF SWEEPING
The following presents the type of City's paved streets and the frequency they are to be swept:
a. Downtown - Commercial two times weekly
b. Residential and Other Commercial semi-monthly
SP-3
The estimated amount of the above sweeping is 1,100 monthly miles. The extent of the
downtown commercial area is shown on the City's Street Sweeping Map.
The detailed sweeping schedule and routes will be provided to the Contractor 30 days prior to
start date of contract by the City's Public Works Director or authorized representative.
HOLUDAYS AND INCLEMENT WEATHER
When inclement weather, in the opinion of the City's Public Works Director or authorized
representative, prevents adherence to the regular sweeping schedule for two or less days in a
given week, the sweeping areas so affected by the inclement weather shall be swept within five
(5) days of the scheduled sweeping without interruption of the regular sweeping schedule. The
Contractor shall perform all extra work required by such inclement weather without additional
charge.
In the case of long term inclement weather, the City, at its discretion, may eliminate sweep days
not completed and request that the Contractor give the City credit for the curb miles not so
performed at the rate shown on the bid proposal.
When any holiday or observance as specified in the Government Code of the State of California
occurs on a regular scheduled sweeping day, said sweeping area shall be swept within two (2)
days from the regularly scheduled sweeping day without interruption in the regular sweeping
schedule. The Contractor shall publish the sweeping schedule and telephone number for
customer complaints annually, to the satisfaction of the city, so all affected residents are notified,
and notice of any change in the regular sweeping day shall be coordinated with the City, and
published in the Redlands Daily Facts and San Bernardino Sun newspapers.
In the event the Contractor is prevented from completing the sweeping as provided in the
schedule for reasons acceptable to the City's Public Works Director or authorized representative,
other than inclement weather, the Contractor shall be required to complete the sweeping services
so deferred within 24 hours, without interruption of the regular sweeping schedule or give the
City credit for the curb miles not so performed at the rate shown on the bid proposal.
COMPLAINTS
All public complaints concerning street cleaning shall be investigated by the Contractor and
action will be taken to mitigate the cause of the complaint. Complaints brought to the
Contractor's attention prior to 3:00 p.m. shall be investigated that day. Those brought to the
Contractor's attention after 3.-00 p.m. shall be investigated before noon of the following day.
SP-4
A complaint form shall be completed for each complaint referred to or received by the
Contractor. The form, which must be approved by the City, shall be filed within the City the
first working day following the day the complaint was received. The Contractor shall report
what actions were necessary to resolve each complaint.
ADDITIONAL REPORTS
In addition to other data filed with the City, the Contractor shall on the first and third Tuesday
of each month, file a report in duplicate with the City's Public Works Director or authorized
representative enumerating the following information for the previous weeks:
a. Curb miles swept each day.
b. Scheduled areas missed.
C. Scheduled areas swept.
d. Date and time missed areas were swept.
e. Number of complaints received each day.
f. Reasons scheduled sweeping was not done or completed as scheduled.
CITY STREET SWEEPING MAP
Contractor shall sweep all areas as shown on item refer-red to as "City Street Sweeping Map".
a. The map is on file and can be reviewed by bidders at the Public Works Department
Office, Suite 222 of the Civic Center, 35 Cajon Street, Redlands.
b. Four copies of the map will be made available to the successful bidder. Additional maps
will be available at a nominal fee.
C. The map will be updated by the City periodically.
SP-5
REQUEST FOR EMERGENCY WORK
Work during and after normal work hours, weekends or holidays may be requested and
authorized in case of emergency only by the City's Public Works Director or authorized
representative. Payment for emergency work shall be paid in accordance with the bid schedule.
Contractor shall furnish the City with a minimum of two (2) telephone numbers where the
Contractor's representatives can be reached during and after normal working hours, on weekends
and holidays.
The Contractor shall respond to emergency street sweeping requests within one (1) hour after
receiving a verbal request from the City's Public Works Director or authorized representative.
The City reserves the right to extend the response time based on the needs of the City.
City reserves the right to do emergency sweeping with own forces as necessary.
PERSONNEL
The Contractor shall furnish sufficient supervisory and working personnel capable of promptly
accomplishing on schedule, to the satisfaction of the City's Public Works Director or authorized
representative, all work required under the contract during the regular and other prescribed
hours.
All such personnel shall be physically able to do their assigned work. The Contractor and his
employees shall conduct themselves in a proper and efficient manner at all times and shall cause
the least possible annoyance to the public. The City's Public Works Director or authorized
representative may require the Contractor to remove from the work site any employee deemed
careless, incompetent or otherwise objectionable, whose continued employment on the job is
considered to be contrary to the best interest of the City of Redlands.
The Contractor shall have competent employees on the job who are capable of discussing with
the City's Public Works Director or authorized representative matters pertaining to this contract.
Adequate and competent supervision shall be provided for all work done by the Contractor's
employees to ensure accomplishment of high quality work which will be acceptable to the City's
Public Works Director or authorized representative.
All personnel shall be required to wear a uniform as deemed appropriate by the City's Public
Works Director or authorized representative. Each employee shall be required to carry on his
person an identification card identifying said employee as an employee of the Contractor.
SP-6
TERMINATION OF CONTRACT
If the Contractor fails to meet the specifications of this contract for a period of ten (10)
cumulative days, the City may at its option terminate the balance of this contract by written
notice of termination to the Contractor.
DISPUTED INVOICES
In the event of disputes, the disputed invoice shall be submitted to the City Manager for his
review and decision. The determination of the City Manager shall be final.
ASSIGNMENT
The Contractor shall not assign, sublet or lease any part or portion of this contract without the
prior approval of the City Council.
HOLD HARMLESS
All officers, agents, employees and subcontractors, and their agents, who are employed by
Contractor to perform the Services shall be deemed officers, agents and employees of
Contractor. Contractor shall defend, indemnify and hold City, its elected officials, officers,
employees, and agents free and harmless from any liability from loss, damage, or injury to
property or persons, including wrongful death, in any manner arising out of or incident to any
acts, omissions or wilful misconduct of Contractor arising out of or in connection with
Contractor's performance under this Agreement, including without limitation the payment of
attorney's fees.
TERMINATION
The City Council may at any time during the term of this Contract, in its absolute discretion,
terminate this Contract by giving the Contractor thirty (30) days written notice thereof.
SP-7
EXHIBIT "B"
CITY OF REDLANDS
STREET SWEEPING CONTRACT
PROPOSAL
PROPOSAL TO. THE CITY OF REDLANDS
The undersigned bidder hereby proposes to furnish all labor, materials, equipment, tools and
services necessary to perform all work required under the bidding Schedule of the City's
Specifications entitled "Street Sweeping at Various Locations," in accordance with the intent of
said specifications, special provisions, and all addenda issued by said City prior to opening of
the proposals.
Said bidder agrees that, within ten (10) calendar days after receipt of the contract from said City,
he will execute said contract in the required form, of which the Notice Inviting Proposals,
Instructions to Bidders, Proposal, Information Required of Bidder, Specifications and all addenda
issued by said City prior to the opening of proposals, are a part, and will secure the required
insurance and bonds and furnish the required insurance certificates; and that upon failure to do
so within said time, then the proposal guarantee furnished by said bidder shall be forfeited to
said City as liquidated damages for such failure, provided that if said bidder shall execute the
contract, secure the required insurance and bonds, and furnish the required insurance certificates
within said time, his check, if furnished, shall be returned to him within twenty (20) days
thereafter, and the bid bond, if furnished, shall become void.
Bidder agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor
Code which requires every employer to be insured against liability for workmen's compensation
or to undertake self-insurance in accordance with the provisions of that code, and that the bidder
will comply with such provisions of that code before commencing the performance of this
contract if awarded to it.
Bidder declares that pursuant to Section 7028.15 of the State Business and professions Code, the
representations herein made by bidder are made under penalty of perjury.
Bidder declares that the only persons or parties interested in this proposal as principals are those
named herein; that no officer, agent, or employee of the City is personally interested, directly
or indirectly, in this proposal; that this proposal is made without connection to any other
individual, firm, or corporation making a bid for the same work. and that this proposal is in all
respects fair and without collusion or fraud.
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Said hereby bidder proposes and agrees, if the proposal is accepted, to furnish all labor,
materials, equipment, tools, and services required to complete said work in accordance with. the
Standard Specifications and said Special Provisions for a period of one (1) year, which is
anticipated to begin on or about July 1, '1996 and end June 30, 1997 for the prices set forth in
the Bidding Schedule(s).
I declare, under penalty of perjury under the laws of the State of California, that the foregoing
and the contents of the document referred to herein are true and correct.
Dated; "Z2 Interstate Sweeping, Inc.
Bi
n
Signature
President/ CEO
Title
BIDDER'S INFORMATION
Bidder certifies that the following information is true and correct:
Bidder's Name Interstate Swee2inet, Inc.
Business Address 32220 Muter Hwy 10, Redlands, CA 92373
P.Q. Box 10669, San Bernardino, CA 92423--0669
Telephone ( 909 ) 446--8782
The fallowing are the names, titles, addresses, and phone numbers of all individuals, firm
members, partners, joint venturers, and/or corporate officers having a principal interest in this
proposal;
Roy L. Bain President/CEO (909 ) 790-5867
10160 Cribari Drive Yucaipa, CA 92399
The dates of any voluntary or involuntary bankruptcy judgments against any principal having an
interest in this proposal are as follows:
None
All current and prior DBA's alias, and/or fictitious business names for any principal having an
interest in this proposal are as follows:
Nong
DESIGNATION OF SURETIES
The following are the names, addresses and phone numbers for all brokers and sureties from
whom bidder intends to procure insurance and/or bands:
Kiger & Associates ( 310) 791 -5066
24445 Hawthorne Blvd. , Suite 201 , Torrance, CA 9050:5
Bealle Insurance ( 909 ) 792-.2345
308 Test State Street, Suite 113, Redlands, CA 92371
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PAST EXPERIENCE
CONTACT ANNUAL POPULATION
MUNICIPALITY DATES PERSON MILES SWEPT SERVED
1. Los Angeles County 1993-1996 Shant Dergazarian 27,100 CM 500, 000
2. City of Palm Desert 1994-1996 Tom Theobald 9,200 Chi 33, 000
3. City of Indian Wells1995-1996 Don Bender 2,600 CM 3, 000
4. City of Highland 1994-1996 Larry Williams 1 ,000 CSI 38, 000
INVENTORY OF LEASED EQUIPMENT FOR USE ON THIS CONTRACT
ESTIMATED
TYPE MODEL YEAR REMAINING LIFE INCIDENTALS
1, Schwarze/ Apex 7000 1993 10 Years
2. Murphy FTR 1991 10 Years
3. Mobile ABD-M-9 1988 7 Years
4. Schwarze/ Apex 7000 1991 8 Years
INVENTORY-OF LEASED EQUIPMENT FOR USE ON THIS CONTRACT
ESTIMATED
TYPE MODEL YEAR REMAINING LIFE INCIDENTALS
1. See Above
2.
3.
4.
LOCATION OF PROVIDER OF SWEEPER MAINTENANCE
Interstate Sweeping, 32220 Muter Hwy 10, Redlands, CA 92373
24 Hour Emergency Telephone Pa g e r ( 9 0 9 ) 877-7054
Dame of Contact Person Roy L. Bain
Number of years as a Contractor in this type of work 10
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CITY OF REDLANDS
STREET SWEEPING SERVICES
PROPOSAL
Alternate Bid Schedule A
A. Unit prices constant over the three-yeas period (no annual adjustments).
Annual
Item Estimated Monthly Annual
No Quantity Item Cost Cost
I Qs Vel I /0 7,9) �
1A. 10,920 Mi Curb (residential) $ 1 0.15V $ i44f
2A. 2,040 Mi Curb (commercial) $ 1 $
(12-Month Total) Basic Bid Total $ `
Additive Bid Item
3A. 180 firs. ,Special Call Out $ 52. 50 $ 9, 450.00
(12-Month Total) Basic Bid Plus Additive Bid Total $ yt—
��
1�-
CITY OF REDLANDS
STREET SWEEPING SERVICES
PROPOSAL
Alternate Bid Schedule B
A. Unit prices constant for first year only (to be adjusted annually, using C.P.I.).
Annual
Item Estimated Monthly Annual
tLo Ouantitv Item Cast Cost
1B. 10,920 Mi Curb (residential)
2B. 2,040 Mi Curb (commercial)
(12-Month Total) Basic Bid Total `
Additive Bid Item
3B. 180 Hrs. Special Call Out $ 50.00 $ 9, 000 . 00
(12-Month Total) Basic Bid Plus Additive Bid Total $
P-6
CITY OF REDLANDS, CALIFORNIA
Certification of Non-Discrimination by Contractors
As suppliers of goads or services to the City of Redlands, the firm listed below certifies that it
does not discriminate in its employment with regard to race, calor, religion, sex or national
origin, that it is in compliance with all federal, state and local directives and executive orders
regarding non-discrimination in employment; and that it agrees to demonstrate positively and
aggressively the principle of equal opportunity in employment.
We agree specifically:
1. To establish or observe employment policies which affirmatively promote opportunities
for minority persons at all job levels.
2. To communicate this policy to all persons concerned, including all company employees,
outside recruiting services, especially those serving minority communities, and to the
minority communities at large.
3. to take affirmative steps to hire minority employees within the company.
FIRM Interstate Sweeping, Inc
TITLE OF PERSON SIGNING Roy L. Bain President/ CEO
h
SIGNATURE `""------. {
DATEz !
Please include any additional information available regarding equal opportunity employment
programs now in effect within your company.
P-7
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AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO)
Roy L. Bain being first duly sworn, deposes and says:
That he or she is President CEO of Interstate Sweeping, Inc.
(insert "sole owner", "partner" or (insert name of bidder)
other proper title)
who submits herewith to the City of Redlands, a proposal;
That all statement of fact in such proposal are true;
That such proposal was not made in the interest of or on behalf of any undisclosed person,
partnership, company, association or corporation;
That such proposal is genuine and not collusive or sham,
That such bidder has not, directly or indirectly, by agreement, communication or conference
with anyone attempted to induce action prejudicial to the interest of the City of Redlands, or of
any other bidder or anyone else interested in the proposed contract; and further,
That prior to the public opening and reading of proposal, said bidder:
(a) Did not, directly or indirectly, induce or solicit anyone else to submit a false or sham
proposal.
(b) Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that
said bidder or anyone else would submit a false or sham proposal, or that anyone should
refrain from bidding or withdraw his proposal.
(c) Did not, in any manner, directly, or indirectly, seek by agreements, communications, or
conference with anyone to raise or fix any overhead, profit, or cost element of this
proposal price, or that of anyone else.
(d) Did not, directly or indirectly, subrilit his or her proposal price or any breakdown
thereof, or the contents thereof, or divulge information or data relative thereto, to any
corporation, partnership, company, association, organization, bid depository, or to any
member or agent thereof, or to any individual or group of individuals, except to the City
of Redlands, or to any person or persons who have a partnership or other financial
interest with said bidder in his business.
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i
Subscribed and sworn to before me this
Interstate Sweeping, Inc.
day of
NOTARY PUBLIC IN AND FOR SAID
COUNTY AND STATE Title
ANDREA C.BAIN
Commison 4 1091863
Notary Pub9c—Ccdtomla
Son Bernardino County
6,my or,'-.=xrxes Mor 21,20M
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